News & Analysis as of

Hostile Environment Harassment

Workplace Harassment 101

by Conn Maciel Carey LLP on

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more

Third Circuit Reminds Employers That an Isolated Act of Harassment Can Land Them in Hot Water

by Saul Ewing LLP on

In a decision issued July 14, 2017, the Third Circuit clarified that to prevail on workplace harassment claims, plaintiffs must show that the conduct was “severe or pervasive”—not “severe and pervasive” or “pervasive and...more

Third Circuit: Isolated Act of Discrimination Can Create Hostile Work Environment

As employment lawyers, we frequently encounter misconceptions about what qualifies as a “hostile work environment.” It has nothing to do with whether a supervisor or co-worker is simply picking on or being mean to an employee...more

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid...more

3d Circuit Clarifies Standard in Workplace Harassment Cases

In a decision issued last week, the U.S. Court of Appeals for the Third Circuit clarified that a single comment may give rise to a claim of workplace harassment. In its decision, issued in Castleberry v. STI Group, the court...more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

Stemilt Growers and Ag Services Sued By EEEOC For Sexual Harassment, Retaliation

Federal Agency Alleges Latina Tractor Driver Demoted After Refusing Supervisor's Sexual Advances - SEATTLE -The largest grower of organic tree fruit in the United States, Stemilt Growers, and its integrated business,...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

What Makes a Work Environment “Hostile”?

by Zuckerman Spaeder LLP on

Federal employment law protects against a number of different types of discrimination, including treating employees differently because of age, gender, or race. ...more

One Racial Slur Constitutes Harassment?

by Ruder Ware on

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment. The particular question addressed in this court decision was...more

Supervisor’s Personal Liability for Harassment

A recent case filed in the Waterbury superior court, Denault v. Community Mental Health Affiliates, et al, alleging an unfortunately familiar pattern of sexual harassment in violation of the Connecticut Fair Employment...more

Citing Statistics, Yankee Institute Critical of CHRO - Again

by Shipman & Goodwin LLP on

This week, the Yankee Institute for Public Policy, a self-described “free market” think tank, issued an article suggesting that Connecticut had nearly the same number of discrimination complaints as our neighboring state,...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Beware Hugging at Work

A recent article in the Wall Street Journal published on April 17, 2017, “Embraceable You: When the CEO Is a Hugger,” describes a trend in which some executives greet employees and business associates with hugs in lieu of the...more

Employment Law Navigator – Week in Review: May 2017

by Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Hiatt & Mason Enterprises to Pay $35,000 to Settle EEOC Racial Harassment Lawsuit

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charged - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide...more

Whacky Employment Claims: Who's Whackier? Management or the Employee?

by Lewitt Hackman on

As employment defense attorneys, we see many strange situations arise in the workplace. The question is, how prepared are you as an employer to handle the wackiness that may potentially arise when your employees make...more

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

by Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Repeated "Friendly" Hugs and Kisses Can Rise to the Level of Actionable Sexual Harassment

Some people are naturally more affectionate than others. Most people have friends or acquaintances who go for hugs when a handshake is all that you expect. In the workplace, these personality types can clash, and “huggers”...more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

In Search of the Reasonable Person

by Zelle LLP on

Allegations of sexual harassment continue to attract media attention and commentary, including ours. As we review developments, we note that a wide variety of workplace behaviors are being challenged and scrutinized. ...more

Hugging Can Create a Hostile Work Environment, Ninth Circuit Rules—Are Your Employees Aware?

by Dorsey & Whitney LLP on

“He’s just the hugging type”—we have all heard one time or another in the workplace. But is there a limit to platonic hugging in the workplace? The Ninth Circuit recently ruled there is....more

Harassment of Patients Does Not Give Reporting Employee Cause of Action Under Title VII

Title VII of the Civil Rights Act protects employees against sexual and other types of harassment that result in a hostile and offensive working environment. What happens when the alleged harassment involves customers of the...more

EEOC Issues Proposed Enforcement Guidance on Unlawful Harassment

The Equal Employment Opportunity Commission is seeking public comment on its newly proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws. The initial deadline for...more

EEOC’s Enforcement Guidance Urges Employers To Be Proactive in Preventing, Addressing Workplace Harassment

In its Proposed Enforcement Guidance on Unlawful Harassment issued on January 10, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) emphasizes that employers should take a proactive role in preventing harassment,...more

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